PART I.

CONDITIONS OF CLEANLINESS AND ORDER.

3. —(1) On and after the commencement of this Part of this Act all premises in which dairy produce is manufactured for sale (whether such premises are or are not registered under this Act) shall comply with the following conditions, that is to say:—

(a) the premises shall be structurally suited for the manufacture of such descriptions of dairy produce as are in fact manufactured therein, and

(b) the premises, and the plant and machinery and the appliances and the utensils therein shall be in a state of cleanliness and good repair, and

(c) the milk or cream and all other ingredients and materials used in the process of manufacturing dairy produce on the premises shall be clean, and

(d) the premises shall be situated in such a position and used in such a manner as to prevent the exposure of the dairy produce manufactured therein or any ingredients or materials used in the process of such manufacture to any effluvium from any drain, cesspool, manure heap, cow-house, pigstye or to other source of contamination, and

(e) there shall be available on or reasonably near the premises such adequate supply of good and wholesome water as may from time to time be reasonably necessary.

(2) All premises in which dairy produce is manufactured for sale and which are registered in any of the registers kept in pursuance of this Act shall be equipped with appropriate appliances and utensils and with such plant and machinery as are required in respect of those premises by or under Part III. of this Act.

(3) Save as is hereinafter excepted, all premises in which dairy produce is manufactured for sale and which are not registered in any of the registers kept in pursuance of this Act shall be provided with such plant and machinery and such appliances and utensils as are requisite for the manufacture of dairy produce of the description manufactured therein.

(4) Sub-section (3) of this section shall not apply to premises which comply with all the following conditions, that is to say:—

(a) the premises are not registered in any of the registers kept in pursuance of this Act, and

(b) the premises are situate on a farm, and

(c) all dairy produce manufactured on the premises for sale is so manufactured only from the milk of cows belonging to the occupier of such farm.

(5) In this Act the expression “conditions of cleanliness and order” means the requirements of this section in regard to the premises in relation to which that expression is used.

4. —(1) Any inspector (subject to the production by him if so required of his authority in writing as such inspector) may at all reasonable times enter any premises upon which dairy produce is manufactured for sale and may inspect all such portions of those premises as are in any way used for or in connection with such manufacture, and may inspect all plant, machinery, appliances, and utensils used in such manufacture, and also the dairy produce manufactured on the premises and the ingredients and materials used in the manufacture thereof and may take and remove without payment reasonable samples of such dairy produce and of such ingredients and materials.

(2) If any person obstructs or impedes any inspector in the exercise of any of the powers conferred on him by this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in case of a first offence to a penalty not exceeding five pounds, and in the case of a second or any subsequent offence to a penalty not exceeding ten pounds.

(3) Where any inspector is satisfied after an inspection under sub-section (1) of this section that any such premises as aforesaid or the dairy produce manufactured therein or any materials or any ingredients used in the manufacture of such dairy produce or any of the plant, machinery, appliances, or utensils therein do not comply with the conditions of cleanliness and order, such inspector may serve a notice in the prescribed form upon the person carrying on on such premises the manufacture of dairy produce for sale requiring such person to do in the manner and time specified in such notice all or any of the things specified therein.

(4) Any such notice as aforesaid may require—

(a) that the premises or any specified portion thereof be cleansed;

(b) that the plant and machinery, or the appliances, or any part thereof and the utensils or any of them used in the premises be cleansed;

(c) that the premises or any specified portion thereof be put in a state of good repair;

(d) that such structural alterations or additions be made in or to the premises as the notice may specify;

(e) that the plant and machinery, or the appliances, or any part thereof and the utensils or any of them used in the premises be put in a state of good repair;

(f) that such improvements or additions as the notice may specify be made in or to the plant, machinery, appliances, and utensils used in the premises;

(g) that any steps be taken, either generally or as specified, to ensure that the milk or cream and all other ingredients and materials used in the process of manufacturing dairy produce on the premises be clean;

(h) that any source of contamination to which the dairy produce manufactured in the premises, or the ingredients and materials thereof, are exposed be removed or rendered innocuous;

(i) that there shall be made available an adequate supply of good and wholesome water.

(5) Where the name of the person carrying on the manufacture of dairy produce on any premises is not known, any notice under this section in relation to the premises may be addressed to “the person carrying on the manufacture of dairy produce” on the premises without naming him.

(6) A notice under this section may be served by delivering the same to the person to whom it is addressed or by leaving the notice on the premises to which it relates or by sending it by post to the person to whom it is addressed at the premises to which it relates.

(7) Any person upon whom a notice has been served under this section who fails to comply, in the manner and within the time specified in such notice, or in such notice as amended by the arbitrator, with the requirements thereof as amended (if at all) by the arbitrator and who on the expiration of the time aforesaid continues to carry on on the premises to which such notice relates the business of the manufacture of dairy produce for sale shall (subject to any suspension of the notice under the provision in that behalf hereinafter contained) be guilty of an offence against this section and shall be liable on summary conviction thereof to a penalty not exceeding twenty pounds and to a further penalty not exceeding five pounds for every day on which such default continues.

5. —(1) The Executive Council shall appoint a fit and proper person to be standing arbitrator (in this Part of this Act referred to as the arbitrator) for the purposes of this Part of this Act.

(2) Every person appointed under this section to be a standing arbitrator shall hold that office for five years from the date of his appointment and no longer, but shall be eligible for re-appointment at the end of his term of office or at any subsequent time.

(3) Every person appointed under this section to be a standing arbitrator may be removed from that office at any time by the Executive Council for stated misbehaviour or incapacity, but not otherwise.

(4) There shall be paid to the standing arbitrator appointed under this section such remuneration as the Minister, with the sanction of the Minister for Finance, shall determine.

(5) If and whenever owing to the incapacity through illness or the absence of the standing arbitrator or the number of arbitrations to be heard it is necessary or expedient that additional arbitrators should be appointed, the Executive Council may appoint one or more additional arbitrators upon such terms and conditions as they shall with the consent of the Minister for Finance think proper, and every such additional arbitrator shall be included in the expression “the arbitrator” as used in this Part of this Act and shall have all the powers and duties conferred or imposed on the standing arbitrator by this Part of this Act.

6. —(1) Any person on whom a notice is served by an inspector under this Part of this Act (other than a notice only requiring any premises, plant, machinery, appliances, or utensils to be cleansed) shall, on payment of the prescribed fees, be entitled to have such notice referred in the prescribed manner to the arbitrator.

(2) It shall be the duty of the arbitrator to whom the matter of a notice is referred under this section to inquire into and determine in the prescribed manner the matter of such notice, and to confirm, with or without any addition, omission, or amendment, or to annul such notice.

(3) When the matter of a notice is so referred to the arbitrator, the notice shall be deemed to be suspended until the matter is determined by the arbitrator, but if the notice is confirmed by the arbitrator, whether with or without any addition, omission, or amendment, the notice as so confirmed shall take effect as if it had been duly served under this Act on the date of such confirmation.

7. —Where a notice served by an inspector under this Part of this Act on a person carrying on the manufacture of dairy produce for sale requires the premises in which such manufacture is carried on or any part thereof to be put in a state of good repair or requires any structural alterations or additions to be made in or to such premises the following provisions shall apply and have effect, that is to say:—

(a) if the person carrying on the manufacture is not the rated occupier of the premises it shall be the duty of such person to communicate the contents of the notice to such rated occupier within three days after the service of the notice, and

(b) if the premises are held by the person carrying on the manufacture or by the rated occupier under a lease or other contract of tenancy it shall be the duty of the person carrying on the manufacture to communicate the contents of the notice to the immediate landlord of the premises or his agent within three days after service of the notice, and

(c) the person carrying on the manufacture shall, if he has duly complied with the provisions of the foregoing paragraphs of this section so far (if at all) as they are applicable to the case, be at liberty to execute the work required by the notice or by any amendment or addition made therein or thereto by the arbitrator, notwithstanding any covenant, agreement, or condition to the contrary contained in any lease or other contract of tenancy under which the premises are held, and

(d) if the matter of such notice is referred to the arbitrator on the application of the person carrying on the manufacture it shall be the duty of such person, if he is not the rated occupier of the premises, to serve on the rated occupier notice of the reference in the prescribed form and within the prescribed time, and, if the premises are held under a lease or other contract of tenancy, to serve on the immediate landlord of the premises or his agent notice of the reference in the prescribed form and within the prescribed time, and

(e) where the contents of the notice are required by this section to be communicated to the immediate landlord or his agent, or to the rated occupier, such landlord or rated occupier shall, on payment of the prescribed fees, be entitled to have the matter of the notice referred in the prescribed manner to the arbitrator and thereupon the provisions of this Part of this Act shall apply to the reference in like manner as if it was a reference on the application of the person carrying on the manufacture, save that such landlord or the rated occupier (as the case may be) shall serve on the rated occupier or on the immediate landlord (if any) or his agent (as the case may require) and on the person carrying on the manufacture, notice of the reference in the prescribed form and within the prescribed time, and

(f) it shall be the duty of the arbitrator before proceeding with the arbitration, to ascertain whether the person carrying on the manufacture is the rated occupier of the premises, and whether the premises are held under a lease or other contract of tenancy, and to satisfy himself that the provisions of this section relating to the communication of the contents of the notice and the service of other notices have been duly complied with so far as applicable.

8. —(1) The Minister may by order make regulations in regard to the practice and procedure generally (including the service of documents) in relation to references to the arbitrator, and in particular in regard to any matter relating to such references as is in this Part of this Act referred to as prescribed, or as being or to be prescribed.

(2) Regulations made under this section shall provide for the return, subject to the sanction of the Minister for Finance, to the person applying for the reference of all or any fees paid by him upon a certificate of the arbitrator to the effect that the application was made bona fide, and was not frivolous or vexatious.